Criminal Defences- Self Defence Evaluation

Question 1

First Identity area of focus

Answer 1

To determine whether force is necessary the jury will need to consider whether the victim has to attempt retreat before they use force

Question 2

First explanation for current rule of law

Answer 2

Under S.76 of the Criminal Justice and Immigration Act 2008, now makes it clear that a person is not under duty to retreat when acting for a legitimate purpose

Question 3

First analysis of current rule of law

Answer 3

However, the possibility that a person could have retreated is considered as a relevant factor in deciding if degree of force was necessary. This was shown in R V Hussain and Another showing if original attacker is in retreat then force is not necessary. This can lead jury to undermine principles laid in CJIA- Criticism

Question 4

First link back to Q

Answer 4

Can be argued that different juries may reach different conclusions based on same set of facts creating inconsistency in law

Question 5

Second Identify area of focus

Answer 5

The courts allow the defence to be made available even when the defendant has made a mistake even when they genuinely believed it themselves